April 12, 2002: New Limitations on Visitors/Students INS issued a proposed regulation establishing a presumptive limitation on visitors to the US of 30 days, or a "fair and reasonable period” to accomplish the purpose of the visit. The regulation also prohibits a change of status from visitor to student, unless student intent is declared at time of initial entry. Comments due 5-13-02. [67 FR 71 at 18065, 4-12-02] April 10, 2002: Local Law Enforcement Powers News of a new DOJ legal opinion that states that local law enforcement personnel have “inherent" power to enforce the nation's immigration laws is leaked to the press. [Various news reports] March 19, 2002: Additional Interviews DOJ announced another round of interviews of 3000 Arab/Muslim men. Memorandum from U.S. Department of Justice. Executive Office for U.S. Attorneys, TO: All US Attorneys, from Kenneth L. Wainstein, Director, entitled "Interview Report", dated 3-19 DOJ issued a final report on its project of interviewing the 5,000 Arab/Muslim men. The Report states that approximately half (2261) of those on the list were actually interviewed and that fewer than twenty interview subjects were taken into custody. Most of these were charged with immigration violations; only three were arrested on criminal charges. [Report from U.S. Department of Justice, Executive Office for U.S. Attorneys, Memorandum for the Attorney General. from Kenneth L. Wainstein, Director, entitled "Final Report on Interview Project, dated 2-26-02] February 19, 2002: BIA "Reforms" The Attorney General published a new regulation proposing to restructure the Board of Immigration Appeals. The BIA "reform” would institute one-judge review, streamlined procedures, and would reduce the Board itself to 11 members (from the current complement of 21 positions.) Comment due 3-21-02. [67 FR 33 at 7309, 2-19-02] January 25, 2002: "Absconder Initiative" The Deputy Attorney General issued a memo of instructions for the "Absconder Apprehension Initiative", announced by INS Commissioner Ziglar in December, to locate 314,000 people who have a final deportation or removal order against them. 6,000 men from "al Qaeda-harboring countries will be first to be entered in the National Crime Information Center (NCIC) database. DOJ uses country, age, and gender criteria to prioritize this selective enforcement list. [Office of Deputy Attorney General, Subject: Guidance for Absconder Apprehension Initiative, dated 1-25-02] December 4, 2001: Senate Hearings Senator Feingold held hearings on the status of 9-11 detainees. The Attorney General stated that those who question his policies are "aiding and abetting terrorism." (http://www.lexis.com/research/retrieve/frames?_m=d88b568e87c195aecaf968445f816c1 f&csvc=bl&cform=bool&_fmtstr=XCITE&docnum=1&_startdoc=1&wchp=dGLbVlb ISIIB&_md5-cbdb097ca85216c342e7a33a47c91389) November 29, 2001: "Snitch Visas" The Attorney General issued a memo announcing the use of S visas for those who provide information relating to terrorists. [Attorney General Directive on Cooperators Program, 10-29-01] November 26, 2001: Interviews to be “voluntary” US Attorneys in Detroit issued a letter stating that the interviews are voluntary, but that "we need to hear from you by December 4." [Letter from U.S. Attorney, Eastern District of Michigan, signed by Jeffrey Collins and Robert Cares, dated 11-26-01] November 23, 2001: INS Actions re Interviewees INS issued memo stating that "officers conducting these interviews may discover information which leads them to suspect that specific aliens on the list are unlawfully present or in violation of their immigration status." The memo directs INS to provide agents to respond to requests from state and local officers involved in the interviews. [Memorandum for Regional directors, from Michael A. Pearson, INS Executive Associate Commissioner, Office of Field Operations, dated 10-23-01] November 16, 2001: Secrecy re INS Detainees DOJ issued a letter to Senator Feingold asserting that identities/locations of 9-11 detainees will not be disclosed. [U.S. Department of Justice, Office of Legislative Affairs, to Senator Russell D. Feingold, dated 11-16-01] November 15, 2001: New 20-Day Wait for Certain Visa Applicants The State Department imposed new security checks on visa applicants from unnamed countries. The State Department refuses to confirm the new requirement, but the following message appears when individuals born in certain countries attempt to make a visa appointment through the on-line Visa Appointment Reservation System: "Effective immediately, the State Department has introduced a 20-day waiting period for men from certain countries, ages 16-45, applying for visas into the United States." The following countries of birth are among those for whom this message appears: November 13, 2001: Military Tribunals President Bush issued an Executive Order authorizing creation of military tribunals to try non-citizens alleged to be involved in international terrorism (http://www.whitehouse.gov/news/orders/). November 9, 2001: Interviews of Arab/Muslim Men The Attorney General issued a memo directing interviews of a list of 5000 men, ages 1833, who entered US since Jan. 2000 and who came from countries where Al Queda has a "terrorist presence or activity". The interviews are to be "voluntary" but immigration status questions may be asked (see Pearson memo, Nov. 23). November 7, 2001: Creation of Foreign Terrorist Tracking Task Force The President announced the first formal meeting of the full Homeland Security Council, and the creation of a "Foreign Terrorist Tracking Task Force" which will deny entry, locate, detain, prosecute and deport anyone suspected of terrorist activity. The Task Force includes DOS, FBI, INS, Secret Service, Customs and the intelligence community. The Task Force is charged with a mandate to perform a thorough review of student visa policies. [White House Announcement, 11-07-01] October 31, 2001: New Terrorist Groups Designated The Attorney General issued a letter requesting that the Secretary of State designate 46 new groups as terrorist organizations, per powers authorized by USA Patriot Act (9 groups identified in President's Executive Order of 9-23-02; 6 groups identified in joint State-Treasury designation of 10-12-02, and 31 groups designated by DOS Patterns of Global Terrorism Report, published April 2001). [Letter from Attorney General to Colin L. Powell with attachment] October 31, 2001: Eavesdropping on Attorney/Client Conversations DOJ issued a Bureau of Prisons interim regulation that allows eavesdropping on attorney/client conversations wherever there is "reasonable suspicion...to believe that a particular inmate may use communications with attorneys to further or facilitate acts of terrorism"; the regulation requires written notice to the inmate and attorney, "except in the case of prior court authorization". The rule is made effective 10-31-01. Comments due 12-31-01. [66 FR 211, at 55062, 10-31-01] October 31, 2001: Automatic Stays of Bond Decisions DOJ issued an interim regulation that provides an automatic stay of IJ bond decisions wherever DD has ordered no bond or has set a bond of $10K or more. The rule is made effective 10-29-02, two days prior to publication. Comments due 12-31-01. [66 FR 211, at 54909, 10-31-01] October 12, 2001: Attorney General FOIA Memorandum The Attorney General issued a memorandum to the heads of all federal departments and agencies encouraging them to carefully consider protecting legal privileges before releasing information pursuant to a FOIA request. The memo states that the decision to disclose information that could be protected "should be made only after full and deliberate consideration of the institutional, commercial, and personal privacy interests that could be implicated by disclosure of the information." Moreover, the memo advised that in making a decision to withhold records, “you can be assured that the [DOJ] will defend your decisions unless they lack a sound legal basis or present an unwarranted risk of adverse impact on the ability of other agencies to protect other important records." October 4, 2001: FBI “mosaic” Memo, Opposing Bond The FBI began to use a boilerplate memo to oppose bond in all post-9-11 cases. The memo states: "The FBI is gathering and culling information that may corroborate or diminish our current suspicions of the individuals who have been detained...the FBI has been unable to rule out the possibility that respondent is somehow linked to, or possesses knowledge of, the terrorist attacks..." [Memo submitted to United States Department of Justice, Executive Office for Immigration Review, Immigration Court. “In Bond Proceedings", "Exhibit A”, signed by Michael E. Rolince. Section Chief. International Terrorism Operations Section, Counter terrorism Division. Federal Bureau of Investigation] September 21, 2001: Closed Hearings Chief Immigration Judge Michael Creppy issued a memo stating: "the Attorney General has implemented additional security procedures for certain cases in the Immigration Court". Creppy further states that these procedures "require" IJs to "close the hearing to the public...". [Creppy Memo. 9-21-01. 12:20 PM] September 20, 2001: Detention without Charges The Department of Justice (DOJ) published an interim regulation allowing detention without charges for 48 hours or "an additional reasonable period of time" in the event of an "emergency or other extraordinary circumstance". The rule is made effective 9-1702, three days prior to publication. Comments due 11-19-01. [66 FR 183 at 48334. 920-01] 281s5002 Chairman SENSENBRENNER. Dr. Zogby. TESTIMONY OF JAMES J. ZOGBY, PRESIDENT, ARAB AMERICAN INSTITUTE Mr. ZOGBY. Thank you, Mr. Chairman. Thank you, Ranking Member Conyers and Members of the Committee. I appreciate the convening of this hearing and thank you for inviting me today. The horrific terrorist attacks of September 11th were a profound and painful tragedy for all Americans. None of us will ever forget the awful day when thousands of innocent lives were lost. The attacks were dual tragedy for my community. As Americans, it was our country that was attacked. Arab Americans died in the attacks. Arab Americans were also firefighters and police officers in New York and in Washington who aided in the rescue efforts. Some lost their lives doing so. Sadly, however, many in my community were torn away from their morning, because we became targets of hate and discrimination. Some assumed our collective guilt. Arab Americans and American Muslims and others perceived to be Arabs and Muslims were victims of hundreds of bias incidents. Thankfully the American people rallied to our defense. President Bush spoke forcefully against hate crimes. Both the Senate and House of Representatives unanimously passed resolutions condemning hate crimes. Federal, State and local law enforcement investigated and prosecuted. I received death threats. My family and I did. Two individuals have been prosecuted and convicted for those crimes. My community and I personally will always been grateful that our fellow Americans defended us at a critical time. Much has been done in the past 31⁄2 years to combat the threat of terror. Among other significant accomplishments is we created the Department of Homeland Security. We have taken steps to enhance airport and border security and we have improved information sharing between intelligence and law enforcement. However, as someone who has spent my entire professional life working to bring Arab Americans into the mainstream of American politics and to build a bridge between my country and the Arab world, I am concerned about the direction of some of our efforts to combat the terrorist threats and the impact that some of these efforts have had on my community and my country. Unfortunately the Administration has devoted too many resources to some measures that threaten civil liberties while doing little to protect our community. I share the concerns of my colleagues with some provisions of the PATRIOT Act that give law enforcement broad authority to monitor the activities of innocent Americans with inadequate judicial oversight. These concerns, I might add, are shared by Americans across the political spectrum. I am supportive of reasonably reforms like those recommended in the Security and Freedom Enhancement, or SAFE Act. I am concerned as well about a series of high profile initiatives not authorized by the PATRIOT Act, which have explicitly targeted tens of thousands of innocent Arabs and Muslims and have resulted in the detention and deportation of thousands. Policies and statements that have conflated undocumented Arab and Muslim immigrants with terrorists has cast a cloud of sus |